Article 1 - Definitions These terms apply to the following definitions:
Consideration Period: the time within which the consumer can exercise their right of withdrawal. Consumer: a natural person who does not engage in a profession or business and who enters into a distance contract with a trader. Day: calendar day. Contract: a distance contract concerning several products and/or services, the delivery and/or purchase obligation of which is spread over time. Durable Medium: any medium that allows the consumer or entrepreneur to store personally addressed information in a way that allows the stored information to be accessed and reproduced unchanged later on. Right of Withdrawal: the consumer's option to withdraw from the distance contract within the consideration period. Entrepreneur: a natural person or legal entity that offers products and/or services to consumers through a distance contract. Distance Contract: a contract whereby, within the framework of a system organized by the trader for the distance selling of goods and/or services, only one or more means of distance communication are used until the conclusion of the contract. Distance communication technology means a means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time. General Terms and Conditions: The entrepreneur's current general terms and conditions.
Article 2 - Entrepreneur's Identity
Babo E-commerce B.V., domiciled in Schimmelt 2 5611ZX, Eindhoven (no visiting address), email address info@my-little-darling-shop.com, registered with the Chamber of Commerce under number 88733637 and VAT identification number NL864755272B01, which acts as an intermediary for contracts for the delivery of supplier's products via the website.
Article 3 - Applicability
These general terms and conditions apply to all offers made by the entrepreneur as well as to all distance contracts and orders concluded between the entrepreneur and the consumer. Before concluding a distance contract, these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before concluding a distance contract, it shall be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request as soon as possible. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to him. If one or more provisions of these general terms and conditions are wholly or partially null and void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced immediately by a provision that corresponds as closely as possible to the original provision. Situations not provided for in these general terms and conditions shall be assessed in the spirit of these general terms and conditions. Ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 - Offers
If the validity period of an offer is limited or subject to conditions, this shall be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or omissions in the offer do not bind the entrepreneur. All images, specifications, and information in the offer are indicative and cannot be a basis for damages or dissolution of the agreement. The product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the real colors of the products. If the packaging is damaged, we will refund up to 10% of the purchase price of that product. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: - The price including taxes and any import duties. These additional costs are borne by the customer and at the customer's risk. The postal and/or courier service uses special rules for import duties. This system applies if goods are imported into an EU destination, as in this case. The postal and/or courier service collects VAT (either together with or separately from the customs clearance charges) from the recipients at the time of delivery or when the recipient picks up the items. The amount of VAT payable is calculated on the basis of the VAT rate applicable in the country of destination. The amount of import duties payable depends on the country of destination and the classification of the goods in question. - The manner in which the agreement will be concluded and which actions are required for this purpose. - Whether or not the right of withdrawal applies. If the right of withdrawal applies, the conditions and the withdrawal form should be included in the offer. - The method of payment, delivery, and implementation of the agreement. - The period for accepting the offer, or the period within which the entrepreneur guarantees the price. - The level of the distance communication rate if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the means of communication used. - Whether the contract is filed after its conclusion, and if so, how the consumer can access it. - The way in which the consumer, before concluding the contract, can check and, if desired, correct the information provided by him under the contract. - Any other languages in which the contract can be concluded, in addition to Dutch. - The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically. - The minimum duration of the distance contract in the event of an extended transaction. - The minimum duration of the distance contract in the event of a contract covering the regular delivery of goods or services. - The conditions for terminating the contract if the duration of the contract exceeds one year or is indefinite. - The condition for termination of the contract if the contract has a duration of more than one year or is indefinite. - If the contract includes the constant or periodical delivery of goods or services, the stipulation in the previous paragraph applies only to the first delivery.
Article 5 - The Contract
The contract shall be concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of said acceptance has not been confirmed, the consumer may rescind the contract. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures. The entrepreneur can – within the framework of the law – inform himself about the consumer's ability to meet his payment obligations, as well as about all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution. Together with the product or service, the entrepreneur shall send the consumer the following information, in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: - The visiting address of the establishment of the entrepreneur where the consumer can lodge complaints. - The conditions under which and the manner in which the consumer may make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal. - The information on guarantees and existing service after purchase. - The data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the contract. - The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite. In case of an extended transaction, the stipulation in the previous paragraph applies only to the first delivery.
Article 6 - Right of Withdrawal
Upon delivery of products: When purchasing products, the consumer has the option to terminate the contract without giving any reason for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the costs of return will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition here is that the product has already been received back by the trader or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another method. The refund is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible for products: - That have been created by the entrepreneur in accordance with the consumer's specifications. - That are clearly of a personal nature. - That cannot be returned due to their nature. - That can quickly deteriorate or become obsolete. - Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence. - For individual newspapers and magazines. - For audio and video recordings and computer software of which the consumer has broken the seal. - For hygienic products of which the consumer has broken the seal. - For products that are irrevocably mixed with other products after delivery due to their nature. - For sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
Article 9 - The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. The offer shall state the possibility of being subject to fluctuations and the fact that any stated prices are target prices. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and: - They are the result of statutory regulations or provisions; or - The consumer is authorized to terminate the contract with effect from the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of usability and/or reliability, and with the statutory provisions existing on the date of the conclusion of the contract and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer, under the contract, can enforce against the entrepreneur.
Article 11 - Delivery and Execution
The entrepreneur shall take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. The fact that a replacement item is being delivered will be stated clearly and comprehensibly, at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Extended Transactions: Duration, Termination, and Renewal
Termination: The consumer may at all times terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of at most one month. The consumer may at all times terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the specified period, subject to the agreed termination rules and a notice period of at most one month. The consumer may, with regard to the contracts referred to in the previous paragraphs: - Cancel them at any time and not be limited to cancellation at a specific time or during a specific period; - At least cancel them in the same way as they were entered into by him; - Always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension: A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a definite period exceeding one year. If a contract as referred to in the previous paragraph has been tacitly renewed, or renewed for a definite period exceeding one year, the consumer may terminate it at any time with a notice period of at most one month. The notice period is at most three months in the event that the contract extends to the regular, but less than once a month, delivery of newspapers, weekly newspapers, magazines, and magazines. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than once a month, delivery of newspapers, weeklies, magazines, and magazines. A contract with limited duration to the regular delivery of newspapers, magazines, and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. Duration: If the duration of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose the termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the event of a contract to provide a service, this period starts after the consumer has received the confirmation of the contract. When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
Article 14 - Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement scheme.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Disputes between the consumer and the entrepreneur about the conclusion or performance of contracts with regard to products and services to be delivered or delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, PO Box 90600, 2509 LP in The Hague (www.sgc.nl). A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement scheme.
Article 16 - Additional or Different Provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Article 17 - Amendment to the General Terms and Conditions of Stichting Webshop Keurmerk
Changes to these terms and conditions are only valid after they have been published in the appropriate manner, provided that, in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail. Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.